The taipan`s daughter

A
The taipan's daughter
lesson to be learned in filing annulment
proceedings is that one can never be sure if
there will be an opposition to the annulment.
Even if a couple has been separated for more than 10 or
20 years, there is still amorprvpio to contend with. A
spouse does not want to be labeled as "psychologically
incapacitated'' or the only one at fault in the marriage. A
lawyer or a doctor of medicine or a prominent
businessman as respondent in the annulment certainly
does not want the label. So what happens is a legal
battle of charges and counter-charges of "psychological
incapacity" — resulting in a battle of expert witnesses.
To be sure of winning the case, I get the best
psychiatrists and clinical psychologists in the field. To
be considered as experts, they have to be at least Fellows
ofthe Philippine Psychiatric Association or psychologists
with a master's degree or a doctorate from a reputable
university — not just some psychiatrist with a clinic in
the boondocks who did not even bother to take the
diplomate's exam or was not even acclaimed as afellow
by bis peers.
The story of Isabel Lee, a taipan's daughter, is a
long drawn out case. She had been separated from Carlos
Co for more than 10 years and already had a dissolution
of conjugal partnership. But she wanted to "cut and cut
cleanly" her maritaltieswith Carlos. After all, even if
you have a separation ofproperty, your legitimate spouse
is still your compulsory heir (together with your children,
of course) within the meaning of the provisions of the
Civil Code on wills and succession. Both parties already
had their respective "liaisons dangereuse" during the
time they were still living under one roof until the filing
of the petition.
To facilitate matters, since Isabel also recognized
her shortcomings in the marriage, the petition was filed
on the ground of Isabel's own psychological incapacity.
Isabel was a headstrong woman, very intelligent,
dominant and rebellious, in her younger days, as she
was the eldest daughter of a shipping and real estate
tycoon. Her father trained her to be independent and
run their household and her younger siblings, even at
the tender age of 12. Her mother had a gentle and retiring
personality and the discipline of the household was left
to the young Isabel.
Since she was also very intelligent — she had read
more books than herteachersin grade school —she
was either daydreaming or answering back her teachers
such that she had to be expelled from her school. But
she moved to another school, which was run by
progressive European nuns and was exposed to the
modem and liberal thinking of the religious order. Isabel
finished her high school with honors and went on to a
very liberal girls' college. She was thinking eventually
of going to Oxford and taking up English Literature,
but her father forbade her, thinking probably she would
marry some foreigner.
In her third year college, she met Carlos, a tall and
handsome Filipino-Chinese, who went a-courting
The
Franco Files
The story of
Isabel Lee,
a taipan 's
daughter,
is a long
drawn
out case.
She had been
separated
from
Carlos Co
for more
than 10
years and
already had
a dissolution
of conjugal
partnership.
wearing a shirt andtieand driving a snazzy sports car.
Isabel was the envy of her classmates and thought herself
lucky to have a handsome beau since she believed she
was plain-looking. (Actually, she has the haunting classic
looks of Meryl Streep). She fell head over heels in love
with Carlos and thought her father would be pleased if
she married a Chinese boy.
Then the nightmare began. Carlos is one of eight
children. He was the youngest and handsomest of them
all. From age one to seven, he slept beside his mother,
and because he was sickly as a child, his mother used to
pamper him. He was his mother's favorite. So on the
day of the wedding, after the reception, Carlos' family
followed the newly-weds to their Makati condo for
merienda. Mother brought the merienda and Isabel was
asked to perform the ancient Chinese custom of serving
tea and sweets to the in-lawstoindicate her subservience.
Isabel resented this and feigned a headache and asked a
sister-in-law to do the "honors." Then everybody left,
except mother, who wanted to stay some more and be
with the newly-weds. Isabel remarked, on hindsight,
that if Mother-in-law had paid for their honeymoon trip,
she would probably have gone with them.
Then mother-in-law gave them a maid, whom she
grilled on the kind of food the couple ate and who would
report to Mother-in-law, if Isabel reprimanded her.
Mother and son always talked on the phone each night,
no fail, regarding the fast food business they had put up.
OnetimeCarlos was sick and had to stay at home. Isabel
went to work in her father's corporation. Upon arrival
at home after five, she was surprised to find Mother-inlaw in their marital bed, "babying" her sick husband.
She thought it odd that a 27- year-old married man should
be "babied" by the mother. But she put malice aside
and thought, "what son doesn't love his mother?"
Mother-in-law was always around meddling in her
favorite son's married life. The son loved the mother so
much that he would always defend his mother whenever
Isabel would complain, and threaten Isabel with
separation if she could not take his mother.
This happened within the first three years of
marriage. Isabel was pregnant with her first child when
Carlos threatened her with separation. She did not know
where to go. She doubted whether her father would take
her back — a pregnant, separated woman. So Isabel
endured the threats of Carlos to separate for some years.
Carlos started ignoring her, forgetting her birthdays and
preferring to be in the company of his businessmen
friends. He could not even take Isabel to a concert or
ballet and she could not discuss any book she has read
with Mm. But Carlos was enjoying the perks of being
married to the favorite daughter of the taipan. He was
getting a lot of business deals because he was the sonin-law of a taipan.
But the headstrong daughter of the taipan was getting
restless andtiredof being ignored and neglected. She
confided her marital woes to an Englishman she had
met in a party. Her sympathetic friend advised her to
Philippine Graphic • August 11, 2003 55
ARTS & CULTURE
call his bluff, if ever he threatens her again
with a separation. And so when Carlos
threatened her again with separation, Isabel
called his bluff and agreed. Carlos was
rattled and could only mumble, "OK,
touche! You've made your point. Let's
settle this matter." Isabel then realized that
she had power. From then on, Carlos
started being nice to her. By then, the
liberated Isabel was in no mood to
compromise. But Carlos was not ready and
did not want to separate from Isabel. So
they endured each other for another five
years, living in separate rooms under one
roof. Because he refused a separation,
Isabel deliberately made life difficult for
him. The real Isabel asserted herself and
felt there was no point in reconciling with
Carlos because they were so incompatible.
She refused Carlos' overture to consult
a priest or a marriage counselor. She sent
her best friend instead to talk to the priest
about her views on the marriage. And
eventually she herself talked to the priest
who agreed with her that there was no point
in reconciling since their personalities were
so different. Eventually, the stalemate was
broken. A mutual friend brought them to
agree on a separation. Carlos got the house
and lot in Makati where they were living
and Isabel got the custody of her young
children and moved to the United States.
After some years, Isabel filed for the
annulment of her marriage under Article
36 on the ground of her own psychological
incapacity. Carlos did not oppose even if
he received the summons to answer. In the
course of the trial, it was proven that Carlos
was likewise psychologically incapacitated
with a "dependent personality disorder."
After he obtained a copy of the decision,
which declared both parties as
psychologically incapacitated, Carlos
entered the case and moved for a
reconsideration. He wanted to re open the
case. The court allowed him to present
evidence, where he portrayed himself as
having made money on his own merit and
disclaimed any help his father-in-law may
have given. After hearing his side, the court
rendered the same decision — that both
parties were psychologically incapacitated
in fulfilling the essential marital
obligations. The opposition was all a matter
of "amorpropio" or wounded pride.
(N.B. To protect the privacy and
confidentiality between the attorney and
client in this case, the names given are
fictitious and some of the circumstances
have been changed. Atty. Franco may be
reached at the Fajardo Law Offices, 7th
Floor, Cityland 10 Tower 2 6817 Ayala
Avenue, Makati City. Tel. No. (632) 8101490, 810-9595; Fax: 810-2490. Her email address is: [email protected])
Tanikalang Guinto
UP playwrights' theatre to restage
century-old Filipino masterpiece
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SARMENTA
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fter a hundred years, UP
playwrights' theatre is
restaging the Filipino classic,
"Tanikalang Guinto," written by the
late Juan Abad. Considered as a drama
simboliko, the play is a figurative
presentation of the Filipino's bravery
during the American occupation.
Romnick Sarmenta plays the lead role
of kaulayaw.
Ogie Juliano directs the play and at
the same time designs the costumes. He
is backed up by an equally remarkable
artistic staff composed of Jovy
Peregrino (language consultant), Eric
Cruz (set design), Voltaire de Jesus
(lights design) and Rey Echeveria
(music).
"Tanikalang Guinto" will run from
August 6 to August 17 at the Wilfrido
Ma. Guerrero Theatre on the 2nd floor
of Palma Hall, UP Diliman, Quezon
City. For inquiries and ticket
reservations, contact Adrian Stephen
Cabuhat at 0919-8342135 or Jim
Bergado at 0920-5969632. You may
also call the Dulaang UP office at 9261349/ 9205301/ loc. 6441 or 924-3224
(telefax).
You
may
e-mail
[email protected] or visit the
Dulaang UP office, room 136, Palma
Hall Building, UP Diliman, Quezon City.
Controversial films at Makati Cinemanila 2003
'Swimming Pool'
The Asian premiere of "Swimming
Pool" will take place at the 5th Makati
Cinemanila International Film Festival.
The latest movie by celebrated French
director Francois Ozon, "Swimming
Pool" is a provocative film that focuses
on a relationship between two women.
A rigid, conservative woman but also a
successful mystery writer, Sarah's life
and new novel take a dramatic and
sensual turn when she meets her
publisher's sexy, free-spirited daughter
Julie. Having made its world-premiere
at the recent Cannes International Film
Festival, "Swimming Pool" is the first
of Ozon's movies to be made in English.
'Lan YiT
Marking its Philippine premiere at
Makati Cinemanila 2003 is "Lan Yu" by
Hong Kong director Stanley Kwan. The
film tells the story of Lan Yu, a poor
Beijing university student, and his
56 August 11, 2003 • Philippine Graphic
chance meeting with the older and
successful Handong in what turns out to
be a life-changing sexual initiation. Lan
Yu falls deeply in love as Handong
showers him with expensive gifts, in
spite of the older man's insistence that
he is not looking for a life long
companion.
An official selection at the Cannes
Film Festival, "Lan Yu" has won
numerous awards and screened at over
45 film festivals, including the
prestigious Sundance, Toronto and
London.
Makati Cinemanila International
Film Festival is an annual project of the
City of Makati under Mayor Jejomar C.
Binay and the independent cinema
association of the Philippines founded by
Amable "Tikoy" Aguiluz VI.
The 5th Makati Cinemanila International Film Festival runs August 7 to
24, 2003 at the Greenbelt Cinemas,
Makati.